Mississippi Supreme Court

In the Matter of the Adoption of D.A.S., a Minor: B.N. v. K.P.

August 15, 2024

Summary

The Mississippi Supreme Court affirmed dismissal of the natural mother's petition to set aside a five-year-old adoption decree. It held that the petition was barred by the six-month statutory limitation and the corresponding time limit for relief based on fraud or misrepresentation, and that the alleged promise of an open adoption did not constitute fraud upon the court. The court emphasized that the adoption petition and decree terminated the mother's parental rights and that no sworn representation to the court promised continuing contact.